An American Tragedy

An American Tragedy

Posted By The Stone Law Firm, LTD || 29-Jun-2015

Allow me to preface this article by stating that I am, by my own faith
a pacifist ; but I am not so impractical or extreme to begrudge or otherwise
show anything but the utmost respect and honor to those who choose to
take up arms in defense of this country. In fact, I have spent nearly
five months preparing to write this article. I am not sure that my words
will do justice to what I saw, what I learned and what I will ultimately
never forget. But, what follows is a story of war as told to me through
the eyes of a young American soldier, father and husband who had had enough.
This is not a story that glorifies combat, but attempts to show it for
what it really is and to expose the potential long-lasting effect that
is has on those who engage in it for any period of time.

Introduction

This past December, I attended a conference on defending capital murder
cases. The conference is a prerequisite to an attorney's eligibility
to be court-appointed to represent indigent defendants from whom the State
desires the ultimate punishment. This was my first conference covering
this subject matter and the complex interplay between state law, federal
constitutional rights and habeas corpus relief.

I expected an intense three (3) day primer akin to that which I experienced
in law school - a mix of theoretical concepts, practical application and
best practices for ensuring that before a three panel judge or a jury
determined to take the life of my client, I had done everything in my
power to preserve his or her life, or at the very lease protect his or
her rights and hold the state to its burden of proof - both as to the
murderous act, itself, and the aggravating factors required to trigger
the death penalty under Ohio law.

However, what I found was a deeper, more fundamental experience that dealt
little with capital punishment and more with the very nature of man, himself.
As part of the conference, we discussed the mitigating factors that a
court or a jury may consider when determining whether to sentence someone
to death. In the context of that discussion, a neuropsychologist from
Cleveland spoke to us about the link between Post-Traumatic Stress Disorder
(often termed "PTSD") and the violent tendencies of those who
suffer from such a psychological condition.

The discussion began as highly technical presentation on the different
functions of the brain and the lasting effects that our life experiences
have on those functions. The presenter showed us brain scans with areas
damaged by emotionally traumatic events, and explained how a combination
of therapeutic medication and constant psychiatric treatment were necessary
to properly treat the effects of the ultimately irreparable damage. Admittedly,
it was well over my head, and, at that point, I thought to myself, "I
am a lawyer. I am not a scientist or a doctor or neurosurgeon. What can
I possibly take from this that I will be able to even comprehend?"
My question was soon answered.

Our presenter specialized in assessing, analyzing and treating veterans
returning home from the war in the Middle East. To illustrate his presentation,
he had secured permission from a former client to (1) show a video that
he had taken while serving his country in Afghanistan, and to (2) play
a subsequent interview describing the video, itself, and his impressions
and feelings as the tape rolled.

A Soldier’s Humanity

The young man who we all were about to watch and listen to was in his mid-twenties
with a wife and young child at home in the states. At the time he decided
to make the video in Afghanistan, he was on his second tour and beginning
to question the wisdom of our involvement in the conflict that had been
raging in that area for centuries. He chose to place a small video recording
device in his helmet to record the realities and tragedies of war; and
in doing so, he took a room full of more than 150 criminal defense lawyers
- with our egos, discontent and cynicism - and for nearly an hour, we
were brought as close as we could to a world that few knew, less understood
and for which none were ready.

The first portion of the video opens up as the sun is setting and our narrator/
solider is discussing in vivid detail the first life he ever took in war,
while he drives an armored car full of his fellow soldiers down a dirt
road to a small village. The trip seems to take less than five minutes,
but the moment the vehicle reaches the village, shots are fired all around
them. Our narrator rolls out of the driver's seat into a ditch and
begins opening fire in the direction from which the bullets seem to be coming.

Screams erupt; bullets clank off the metal and brick; they tear the ground
apart all around our guide and seemingly from the video all around us.
More screams in agony and pain resound as our room full of untrained eyes
search for the enemy. These horrific sounds seem to encompass us all for
what feels like hours as we sit, motionless, nearly breathless in solemn
prayer for our young soldiers to be spared. And, finally, a soldier in
our narrator's unit ascends to the top of the armored vehicle and
man's a mounted .50 caliber cannon. For a moment there is silence,
followed by the deafening sound of .50 caliber rounds being fired into
a row of bushes just beyond the buildings that lay in front of our troops.

Our guide stands up out of the ditch in time for his camera to capture
the horror as the enemy is literally cut in half before him and his fellow
soldiers' eyes. Cheers erupt from our young brothers and sister, and
sons and daughter in uniform at the site of the enemy lay to waist, almost
unrecognizable as human beings. But as they cheer, the narrator whispers
- seemingly, just for us; just for all of you - "do you see? Do you
see what we become? In war, we are taught to cheer the death of other
human beings and relish the terror that we bring upon them and their families
on their soil in the name of duty, democracy and country..."

As he utters the last few words of his prophetic soliloquy, shots begin
to rain down all around him and his fellow troops yet again. He orders
their retreat to the vehicle. Three are wounded as they turn their backs
to get into the armored car. And, as bullets clank off the metal sides
of the vehicle and our wounded troops call out for help, our guide begins
to speed back toward the safety of their base camp.

At this point, the video related to combat ceased and the scene cut to
an interview of our guide - no longer in uniform, sitting on what I suppose
is his front porch - where he tells us the story of the base to which
he was returning that evening. It happened to be located in an indigenous,
small village of farmers and their families. Evidently, his regiment had
been camped there for some time and the natives had become quite accustomed
to having them around. In fact, our troops would help the farmers in their
fields and such, and in return the woman would cook them dinners and bring
them treats on a regular basis.

This moment of peaceful reflection, unfortunately, was short lived. The
video cut back to the combat footage. Our guide is speeding as fast as
he can down a dirt road while the sound of bullets still ring off the
vehicle at an alarming rate. In moments, we see the outline of the base
camp, distinguishable by the American flag flown high above the village
and camp. His wounded are still screaming for help and those charged with
tending to their care are shouting orders to try and provide them with
some degree of emergency medical care. As he approached the village still
moving at a high rate of speed, the bullets begin to slow in frequency
but still ping off the vehicle with some regularity.

Then, as darkness is descending over the sun, and our guide begins to pull
into the camp still at a relatively high rate of speed, he looks back
behind him. In that moment, a scream is heard and a loud crash and thump
brings his attention back to the front of the vehicle. He looks to his
left to see a villager staring at him in horror. The young man seated
beside begins to cry and screams, "My God, you hit her!" Our
soldier pulls over to the side of the road. He quickly steps out of the
vehicle, turns and looks some fifteen behind him and sees the remains
of a young woman, her body torn apart by the collision. Another fifty
away, a soldier picks up the tray and scattered food she was carrying
from her home to the base camp.

Our guide falls to his knees in the ditch, crying, screaming, vomiting,
and begging the remains of this woman for forgiveness. He stays there
weeping for what was maybe ten (10) minutes of the video, but for what
felt like hours. Then, without warning, the faint sounds of bells and
Arabic prayers coming from what could only be the local mosque are heard.
A small group of villagers come to the street where the innocent woman's
remains lay scattered. A few gathered them together and put them in a
small wooden box; and the remaining villagers came over to our guide and
helped him to stand up. They dusted off his uniform and cleaned the tears,
dirt and filth from his face.

For several moments, he wept on their shoulders, begging for forgiveness.
They held him like a brother and a son, gripping him tightly and weeping
with him. And as the villagers came out of their homes to follow this
innocent woman's remains to the mosque at the center of the village,
our soldier followed with them. And as he was led down the street, he
looked to his left and there was the face of an elderly woman who had
taken him by the hand smiling kindly at him with love and compassion and
forgiveness. The remaining few minutes of the video, show our young American
soldier walking into the mosque, sitting down and praying over his tears.

The video seemed to stop abruptly as we were brought back from this hell
on Earth to our comfortable chairs, catered desserts, unlimited soda options
and air conditioned room in the downtown Columbus, Westin Hotel. No one
spoke. In fact, no one had spoken or even left the room for more than
an hour. Those who were not wiping tears from their eyes were staring
at the ground, lost in the horror and tragedy to which they had borne witness.

A Father Turns His Back on His Son

Our presenter rose to speak, and he told us of yet another tragedy involving
this same young man. Upon the conclusion of his contract for service,
he was brought back to the United States where he remained at a base in
Maryland with most of the members of his regiment. They would spend their
nights drinking heavily, and their days in the gym working out or at the
range shooting. They experimented with prescription medications, and occasionally
smoked marijuana. Until one by one each was sent home to their families
until all that was left of our guide's regiment was the guide, himself.

It only took a couple of weeks before Military Police arrested him for
public intoxication and several other alcohol and drug-related offenses.
He was formally charged and set to answer for his crimes before a military
tribunal. The prosecution sought not only to have this young man dishonorably
discharged from service, but also to cut off his benefits, including retirement
and health insurance. Ultimately, an attorney was appointed to represent him.

Luckily, the young man provided his lawyer with a copy of the video that
we had just endured. The lawyer immediately called this neuropsychologist
(our presenter) from Cleveland who flew out to Maryland, interviewed this
young man, watched the video, watched the video with him present; and
ultimately concluded that our guide's substance abuse issues were
directly related to the military's failure to adequately diagnose
and treat this soldier's severe depression, Bi-Polar Disorder and
PTSD - all related injuries of combat.

However, despite his report chastising the military's failure to help
this young man, the prosecution held firm that it wanted him found guilty
of all charges, dishonorably discharged from service and benefits cut
accordingly. Our presenter urged the matter to trial and played the very
video that we had just seen to the judge. He testified to his findings,
analysis, diagnosis and suggested course of treatment, and warned that
the prosecutor's proposed punishment - especially cutting his health
insurance benefits - was tantamount a death sentence as this young man
faced constant suicidal tendencies as a result of his depression, Bi-Polar and PTSD.

In the end, the Court ruled in favor of our soldier and ordered, not only
that he be honorably discharged from service but that the United States
government cover the complete costs of his treatment, including those
services not covered or not completely covered by the provided health
insurance.

Call Me Critical, but They Deserve Better

I know this is a terribly long article for which I apologize to my reader.
But for months, I have struggled with what I saw on that video. This was
no movie. There were no actors involved or film and light crews. The people
were real, their bullets and guns were real, and those who lost their
lives are truly lost to their families. I have thought of my friends and
family who have gone off to serve this country. I have thought of the
generations past and present who have stepped onto foreign soil willing
to give what Lincoln called their "last great measure of devotion."

And yet, when these young men and women return home to us, we thank them
for their service. We buy them a beer. We hug them. We shake their hands
thankfully, with pride. Yet, we cannot comprehend the stress or the horrors
or the terrible choices that many of them have had to make. And, in the
end, we fail to treat the wounds we do not see but which cut the deepest
and take the longest to heal.

Our military teaches our young people several great attributes: discipline,
focus, respect for authority, self-respect, team building, and the list
goes on; but, they also teach our young people to take life in the heat
of battle. To do that which is necessary to survive and to complete the
mission with which they have been charged. But what do they teach them
when it is time to come home? Do they expect our young men and women to
simply turn off their training like a switch? Do they expect that once
their feet touch American soil that the stress, burden and oftentimes
nightmares will simply vanish? Are the mental health assessments that
our military receive upon their return home objective and individual to
the soldier's experience? Do we follow-up with continual treatment?
Do we help them find jobs? Or do we simply thank them for their service,
give them check, a salute and send them on their way?

I am not sure that I need to answer any of the foregoing questions. We
as a country are answering them every day. I am reminded of former-clients
that I have represented - veterans- addicted to drugs or drowning themselves
in alcohol for no other reason than to forget. In some instances, I remember
long discussions with some of these men, which in the end led us to the
demons that sent them running to needles and bottles. In fact, a friend,
who came back from Iraq, could not even close his eyes without first having
to sit for hours in the dark to prepare him just to sleep. And of course,
on a national level we are all privy to the alarming rate at which our
veterans are homeless, addicted, institutionalized, and/ or are taking
their own lives.

I am convinced that if we do not begin to recognize the great toll - physically
and emotionally -that war is taking upon our younger generations, we will
lose those young people to the dark fog of war whose patriotism runs deepest
and whose belief in service to their country is paramount to themselves.
If we do not do something differently at every level of government, from
local to federal, to provide care and love and compassion to these lost
soldiers, are we even deserving then of their sacrifice in the first place?